New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-07-29
REFUND of TONNAGE DUES.
OPINION OF THE TREASURY DEPARTMENT.

rAx upoSGFuILY COLLECTED FROM AMkuCAN
yEssELs-oyERRULISG THE NAVIGATION bohIAo'
Inx TELEGRAPH TO THE TRIBUNE
WASHINGTON. July 2s.-With the approval OF inc
s..,etarv ot the Treasury, Assistant Secretary May
- a.. -r;,,ep letter defining the extent OF the
authority possessed by the department IN regard 70
c.r,a,n claims TOR refund OF tonnage dues Inc
c,se 10 point IA of Ruger Brothers. OF ne"-iok
who operated a line of steamers between Now-iork
and Bremen from 1865 to 1868, during which time
they paid dues to the United States on about oOooo
tons measurement. In 165S treaty was raiined oe-
tween the united States and Belgium By which IL was
stipulated that steam yesrels OF the two countries
engaged in regular navigation between United STATES
and Belgian ports should pay no tonnage, ngnt oase
or buoy dues. A previous treaty between the onited
Sta,es and Hanseatic Republics provided that any
grant or concession another nation by one o inc
contracting parties should immediately become coh
mon 70 the other party who should enjoy the same
freely the concession freely made onder theso
treaties vessels OF the Hansestic Republic were e1-
empted from all dues when entering United otaNS
ports The treaties were not made pubic, however
until 1873. They clam that nasmucn az IL was
the intention CT the treaty making power TO promote
commerce between the Parties to the treaue III ""'
certalnly meant that vessels OF the United states
shoald enjoy the same privileges as were accorueo
to vessels OF foreign nations and they conveniently
brought the matter to the attention OF the secretary
OF The Treasury.
While the Secretary o! the Treasury, under the act
1873, may refund tonnage uuco W suo """.' w.
yesses of the Hanseatic Republics, Sweden ana Nor
uav when convinced that their collection was In VIC,
lation of treaty stpolaons he is expressly resraheu
from similar action when American vessel Is iiiega-
ly taxed The Rugers being cognjzant OF this ala not
m Ike n direc. claim tor a refund OF the dues P~ii
they realize that Congress only can AFFORD tbenl me
relief which th-y ask. but they wanted an OPINION
from the Secretary which would an0rd OASIS on
which TO establish their claim before Congress- Inc
ambulance Of Mr. Maynards letter IS that while upuer
the Constitution Of the United States treaties are the
law of tbv land il would TO follow that II ioieign
shiu-oyuers were entitled to the CONCESSIONS MADE III
The Belgian Treaty. 90 long theee PROVISIONS con
tinued In force tonnage dues could not lawfully Do
exacted from vessels OF the United States piyhg
be wecn American ports and the ports OF the countries
which have tie favored nation clause. Bus after
ing the several acts OF Congress- IN when ,on
mage tax was imposed extending from 1916 TO 1852,
he arrives at the conclusion that American SeSsei
having failed to conform to the law requiring proper
proiest and appeal ordeL their rights In the
premises neither The Treasury Department ror the
courts could AFFORD them any relief having no Jurs
dictiop to examine these claims on their merits, an
that whaiever just and equitable g:ounds might 90
aav anccd support them their consideration oe'ons
to Congress This subject is OF great imports neo 10
owners OF vessels because the Commissioner OF Ns'-
CATION under opinion OF the Atorney-uenersi mas
held that the decision of the Commissioner oil Nags
ton IN matters relative 10 tonnage dues IN mar anu
not sa bjegt to appeal. Secretary Maynarcs letter
would seem to 5lish the fact that the secretary
OF the Treasury still power TO revise the rulings
of the Commiss oner of Navigation despite the some
| what ambiguous nature of the law OF 1854 Under
| which the Bureau of Navigation was established.